dik...In the BC case, the contractor was given the opportunity to modify the bid, and it was accepted. This situation is different. The bid documents had a conflict in them that was discovered during construction. The catchbasin had not been constructed. The EOR clariflied the detail and...
I think the owner has no basis for a claim. Since the contractor bid the lower cost catchbasin and is now providing a higher cost catchbasin, the owner would have paid for the higher cost item anyway. The only cost difference would be a percieved loss since the work will be done as a change...
